Is it lawful to not pay at least the national minimum wage to interns? I cannot see them in the list of excluded categories but they are taken on to learn and get their foot in the door of their chosen career rather than to do anything absolutely essential. But am I in breach of the National Minimum Wage Act 2000 if I do not pay anything but expenses?Posted in : First Tuesday Q&A ROI on 7 June 2011
The National Minimum Wage Act 2000 (the “2000 Act”) does not make reference to the engagement of “interns” and this issue has not been the subject of any detailed analysis by Irish courts or tribunals to date. Under the 2000 Act, if a person carries out work in accordance with a contract of employment, the person is deemed an employee and is entitled to pay from the employer. In the case of interns, however, the position is not entirely clear.
From decided case law in the UK, it would appear that it is essential that there be a mutuality of obligation in order for a relationship of employment to exist. In other words, there must be a duty on the organisation to provide work and an
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.